Florida Senate - 2024 CS for CS for SB 1680 By the Committees on Rules; and Judiciary; and Senator Bradley 595-03347-24 20241680c2 1 A bill to be entitled 2 An act relating to advanced technology; creating s. 3 282.802, F.S.; creating the Government Technology 4 Modernization Council within the Department of 5 Management Services for a specified purpose; providing 6 for council membership, meetings, and duties; 7 requiring the council to submit specified 8 recommendations to the Legislature and specified 9 reports to the Governor and the Legislature by 10 specified dates; creating s. 827.072, F.S.; defining 11 terms; prohibiting a person from knowingly possessing 12 or controlling or intentionally viewing photographs, 13 motion pictures, representations, images, data files, 14 computer depictions, or other presentations which the 15 person knows to include generated child pornography; 16 providing criminal penalties; prohibiting a person 17 from intentionally creating generated child 18 pornography; providing criminal penalties; providing 19 applicability; amending s. 92.561, F.S.; prohibiting 20 the reproduction of generated child pornography; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 282.802, Florida Statutes, is created to 26 read: 27 282.802 Government Technology Modernization Council.— 28 (1) The Government Technology Modernization Council, an 29 advisory council as defined in s. 20.03(7), is created within 30 the department. Except as otherwise provided in this section, 31 the advisory council shall operate in a manner consistent with 32 s. 20.052. 33 (2) The purpose of the council is to study and monitor the 34 development and deployment of new technologies and provide 35 reports on recommendations for procurement and regulation of 36 such systems to the Governor, the President of the Senate, and 37 the Speaker of the House of Representatives. 38 (3) The council shall be composed of the following members: 39 (a) The Lieutenant Governor. 40 (b) The state chief information officer. 41 (c) The Secretary of Commerce. 42 (d) The Secretary of Health Care Administration. 43 (e) The Commissioner of Education. 44 (f) Seven representatives with senior level experience or 45 expertise in artificial intelligence, cloud computing, identity 46 management, data science, machine learning, government 47 procurement, financial technology, education technology, and 48 constitutional law, with five appointed by the Governor, one 49 appointed by the President of the Senate, and one appointed by 50 the Speaker of the House of Representatives. 51 (g) One member of the Senate, appointed by the President of 52 the Senate or his or her designee. 53 (h) One member of the House of Representatives, appointed 54 by the Speaker of the House of Representatives or his or her 55 designee. 56 (4) Members shall serve for terms of 4 years, except that 57 sitting members of the Senate and the House of Representatives 58 shall serve terms that correspond with their terms of office. 59 For the purpose of providing staggered terms, the initial 60 appointments of members made by the Governor shall be for terms 61 of 2 years. A vacancy shall be filled for the remainder of the 62 unexpired term in the same manner as the initial appointment. 63 All members of the council are eligible for reappointment. 64 (5) The Secretary of Management Services, or his or her 65 designee, shall serve as the ex officio, nonvoting executive 66 director of the council. 67 (6) Members of the council shall serve without compensation 68 but are entitled to receive reimbursement for per diem and 69 travel expenses pursuant to s. 112.061. 70 (7)(a) The council shall meet at least quarterly to: 71 1. Recommend legislative and administrative actions that 72 the Legislature and state agencies as defined in s. 282.318(2) 73 may take to promote the development of data modernization in 74 this state. 75 2. Assess and provide guidance on necessary legislative 76 reforms and the creation of a state code of ethics for 77 artificial intelligence systems in state government. 78 3. Assess the effect of automated decision systems or 79 identity management on constitutional and other legal rights, 80 duties, and privileges of residents of this state. 81 4. Evaluate common standards for artificial intelligence 82 safety and security measures, including the benefits of 83 requiring disclosure of the digital provenance for all images 84 and audio created using generative artificial intelligence as a 85 means of revealing the origin and edit of the image or audio, as 86 well as the best methods for such disclosure. 87 5. Assess the manner in which governmental entities and the 88 private sector are using artificial intelligence with a focus on 89 opportunity areas for deployments in systems across this state. 90 6. Determine the manner in which artificial intelligence is 91 being exploited by bad actors, including foreign countries of 92 concern as defined in s. 287.138(1). 93 7. Evaluate the need for curriculum to prepare school-age 94 audiences with the digital media and visual literacy skills 95 needed to navigate the digital information landscape. 96 (b) At least one quarterly meeting of the council must be a 97 joint meeting with the Florida Cybersecurity Advisory Council. 98 (8) By December 31, 2024, and each December 31 thereafter, 99 the council shall submit to the Governor, the President of the 100 Senate, and the Speaker of the House of Representatives any 101 legislative recommendations considered necessary by the council 102 to modernize government technology, including: 103 (a) Recommendations for policies necessary to: 104 1. Accelerate adoption of technologies that will increase 105 productivity of state enterprise information technology systems, 106 improve customer service levels of government, and reduce 107 administrative or operating costs. 108 2. Promote the development and deployment of artificial 109 intelligence systems, financial technology, education 110 technology, or other enterprise management software in this 111 state. 112 3. Protect Floridians from bad actors who use artificial 113 intelligence. 114 (b) Any other information the council considers relevant. 115 Section 2. Section 827.072, Florida Statutes, is created to 116 read: 117 827.072 Generated child pornography.— 118 (1) As used in this section, the term: 119 (a) “Generated child pornography” means any image that has 120 been created, altered, adapted, or modified by electronic, 121 mechanical, or other computer-generated means to portray a 122 fictitious person, who a reasonable person would regard as being 123 a real person younger than 18 years of age, engaged in sexual 124 conduct. 125 (b) “Intentionally view” has the same meaning as in s. 126 827.071. 127 (c) “Sexual conduct” has the same meaning as in s. 827.071. 128 (2)(a) It is unlawful for a person to knowingly possess or 129 control or intentionally view a photograph, a motion picture, a 130 representation, an image, a data file, a computer depiction, or 131 any other presentation which, in whole or in part, he or she 132 knows includes generated child pornography. The possession, 133 control, or intentional viewing of each such photograph, motion 134 picture, representation, image, data file, computer depiction, 135 or other presentation is a separate offense. A person who 136 violates this paragraph commits a felony of the third degree, 137 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 138 (b) A person who intentionally creates generated child 139 pornography commits a felony of the third degree, punishable as 140 provided in s. 775.082, s. 775.083, or s. 775.084. 141 (c) Paragraph (a) does not apply to any material possessed, 142 controlled, or intentionally viewed as part of a law enforcement 143 investigation. 144 Section 3. Section 92.561, Florida Statutes, is amended to 145 read: 146 92.561 Prohibition on reproduction of child pornography.— 147 (1) In a criminal proceeding, any property or material that 148 portrays sexual performance by a child as defined in s. 827.071, 149 generated child pornography as defined in s. 827.072, or 150 constitutes child pornography as defined in s. 847.001, must 151 remain secured or locked in the care, custody, and control of a 152 law enforcement agency, the state attorney, or the court. 153 (2) Notwithstanding any law or rule of court, a court shall 154 deny, in a criminal proceeding, any request by the defendant to 155 copy, photograph, duplicate, or otherwise reproduce any property 156 or material that portrays sexual performance by a child, 157 generated child pornography, or constitutes child pornography so 158 long as the state attorney makes the property or material 159 reasonably available to the defendant. 160 (3) For purposes of this section, property or material is 161 deemed to be reasonably available to the defendant if the state 162 attorney provides ample opportunity at a designated facility for 163 the inspection, viewing, and examination of the property or 164 material that portrays sexual performance by a child, generated 165 child pornography, or constitutes child pornography by the 166 defendant, his or her attorney, or any individual whom the 167 defendant uses as an expert during the discovery process or at a 168 court proceeding. 169 Section 4. This act shall take effect July 1, 2024.